Disability Lawyers for Clients Age 50+ in Los Angeles Helping You Through the Process of Applying for the Benefits You Deserve
Are you looking to apply for government benefits to help support you in paying the bills and putting food on your table? The Social Security Administration (SSA) provides benefits to disabled workers of any age, but the requirements differ depending on age and disability.
If you are age 50 or older, you may be able to apply for either Social Security Disability Insurance (SSDI) or Supplementary Security Income (SSI) if your disability makes you unable to continue your chosen profession and you are unable to start a new line of work. Typically, workers over age 50 are given more allowance for the fact that they may not be able to learn new skills late in life, and their disability may make other jobs impossible as well.
The lawyers of Roeschke Law, LLC provide legal guidance for disabled workers of every age across Los Angeles County and Southern California. We are knowledgeable in the unique restrictions which apply to workers aged 50+ and can help those claimants through both the application and appeals process.
The SSA does not accept every application that they are asked to review and many people become discouraged when they are asked to go through the appeals process. This is not the time to become discouraged, though. This is the time to speak with an attorney.
To schedule a free consultation with our California legal team, please contact our law offices today.
Are You Eligible for SSDI or SSI Benefits in California?
Just because you are of retirement age does not mean that the SSA will automatically deny your claim for disability benefits. America’s workers stay on the job well past their 50s and, often, many are not financially capable of going into retirement until later in life. But if an injury, illness, or condition has rendered you unable to work, then you have the right to pursue disability benefits to help support your quality of life.
SSDI is based on your work history, work credits, and previous contributions to Social Security. If you’re disabled and you have the proper amount of work credits, you should be eligible for SSDI benefits.
SSI, on the other hand, is based on your income level. SSI benefits may be available to those who have limited or zero work credits, provided that they do not have a large estate or much in the way of monthly income.
Typically, SSDI pays out better than SSI benefits do. It is possible to qualify for both government programs.
What Are the Special Rules for Workers Aged 50+ Applying for Disability Benefits?
To be eligible for disability benefits, an applicant needs to prove that their impairment renders them unable to perform their current line of work or finding new gainful employment. The SSA understands that, the older you get, the more challenging it can be to learn new skills regardless of disability. As such, their rules are divided based on age groups.
The specific age groups for disability benefits claimants over 50 years old are:
- Age 50-54.
- Age 55-59.
- Age 60 and older.
The older you are, the easier it should be for you to receive government benefits with a disability claim, as the rules become less strict with each of the three age brackets.
What is a Worker’s Residual Functional Capacity?
In the process of reviewing your disability claim, the SSA will perform a medical examination which they call the worker’s Residual Functional Capacity (RFC) assessment. The RFS examines the applicant’s physical and mental limitations which were brought about because of their new disability.
The government’s disability claims examiner will evaluate your ability to work in a physical RFC form and a mental RFC form.
If you are suffering from physical disabilities, the review will question how much physical activity you are capable of in your current condition.
The physical RFC classifications are:
- Very heavy work: able to lift 100+ pounds at a time.
- Heavy work: able to lift 100 pounds and frequently lift objects weighing 50 pounds.
- Medium work: able to lift up to 50 pounds.
- Light work: able to lift up to 20 pounds.
- Sedentary work: able to lift up to 10 pounds at a time.
Even sedentary and light work still require a certain amount of physical dexterity that some people are incapable of due to their impairment.
If you have a mental disability, a licensed psychologist or psychiatrist will review your mental state. Mental disabilities which could impact your employment may include loss of ability to speak, hear, see, remember instructions, or pay attention when others are speaking.
Contact Our Law Offices to Schedule a Free Case Evaluation
If you are age 50+, it is important that you understand there are unique rules in place should you wish to apply for disability benefits. Your disability claim may, in fact, have a better chance of being accepted than those of your younger colleagues. However, the application process remains difficult, and the SSA denies many claims from those who otherwise seem to be the definition of a qualified applicant.
Speak to the disability lawyers of Roeschke Law, LLC in Los Angeles, CA for assistance with both the application and appeals process. This can be a challenging and occasionally disheartening process and you should not have to go through it alone. We would be proud to offer you our legal services.
To schedule a free consultation, please contact our disability lawyers at: 800-975-1866.